Robkar issued against CAPD officer in contempt proceedings

SRINAGAR: The High Court on Monday issued a ‘Robkar’ to assistant director, consumer affairs and public distribution department (CA&PD) Kupwara for violating the court orders.
The direction was passed to senior superintendent of police (SSP) Kupwara to execute non-bailable arrest warrant against the officer and make him present before court on 29 November 2017.
The court observed that the conduct of officer was found to be aggressive in terms of saying ‘no to court orders’ despite of the fact the officer was well versed with the court directions passed from time to time but didn’t paid any heed. “Therefore, prima facie contempt (of court) is made out against the officer,” the court said.
“The registry is directed to issue Rule and Robkar against the officer namely Mushtaq Ahmed, Assistant Director, Consumer Affairs and Public Distribution department, Kupwara. The registry shall issue non-bailable arrest warrant against the said officer to be executed by SSP Kupwara who shall get him arrested and produce him before court on 29 November at 2 pm,” the court said.
A bench of Justice Ali Muhammad Magrey while issuing non- bailable warrant against the Assistant Director said, “Despite the officer was many times communicated the court directions through telephone and in writing, but he still overlooked the court directions, which at any cost will not be tolerated.”
Acting on contempt petition titled Mohammad Shafi Malik vs Saurabh Bhaghat, the court said, “By virtue of order dated 1 September,2014 it was directed that kerosene oil license granted in favour of Javid Ahmed War of Bohipora, Kupwara shall remain in force for one month only. And consequently, the license will be non-operational after passing of one month. But despite court directions, the Assistant Director CA&PD has allocated 250 liters of kerosene oil to Javid. This is borne out of document placed on record before court that Javid has alloted kerosene oil to private/cooperative dealers of Kupwara for the month of August to November 2017.”
The court remarked that serious violation of court orders has taken place despite Assistant Director was given opportunity to file statement of facts before this court.
“On 13 November2017, neither statement of facts nor Assistant Director (CA&PD) appeared before court. A final opportunity was given after Asif Bhat, Additional Advocate General requested court to give final opportunity.
But today also the officer didn’t appear before the court amounting to serious violation of court orders. Therefore Robkar and non-bailable arrest warrant is issued against the officer,” the court said.

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